AB632: Bill Text

LRB-2245/5

DAK:jlg&wlj:jf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 632

December 30, 1999 - Introduced by Representatives Grothman, Owens, Jensen, Gundrum, Gunderson, Albers, Hahn, Handrick, Huebsch, Kestell, Kreibich, Nass, Pettis, Leibham, Petrowski, Urban, Sykora, Vrakas, Walker, Wieckert, Ziegelbauer, Suder and Spillner, cosponsored by Senators Lazich, Farrow, Drzewiecki, A. Lasee and Welch. Referred to Committee on Family Law.

AB632,1,4 An Act to create 20.9276 of the statutes; relating to: prohibiting the use of funds for family planning services and pregnancy counseling to prescribe, dispense or administer a contraceptive prescription drug or device to a minor without parental notification.

Analysis by the Legislative Reference Bureau

This bill prohibits state agencies and local governmental units from authorizing payments of state or local funds or federal funds passing through the state treasury to an organization (defined as a nonprofit corporation or a public agency) that provides family planning services or pregnancy counseling to a minor if the organization prescribes, dispenses or administers to a minor a contraceptive prescription drug or device, without first performing several actions related to notifying one of the minor's parents or guardian or legal custodian. ("Family planning services" are defined to mean counseling and distribution of information about family planning and referral to licensed nurse practitioners or physicians or local health departments for consultation, examination, medical treatment and prescriptions for the purpose of family planning; "family planning" is voluntary action by individuals to prevent or aid conception that does not include performance, promotion, encouragement, counseling in favor of or referral for voluntary termination of pregnancy.) The organization must notify the minor's parent, guardian or custodian by certified mail, with restricted delivery; must receive a return receipt for the notice delivery that is signed by the addressee or his or her agent; and may not prescribe, dispense or administer the contraceptive prescription drug or device to the minor until five business days have elapsed following the date on which the organization received the return receipt.

Under the bill, if a state agency or local unit of government violates this prohibition, the organization to which payments were made must return the moneys paid. If an organization prescribes, dispenses or administers the birth control to a minor without the required notification, the organization may not receive any of the state, local or federal funds to provide the services for 24 months or the date of the organization's last violation, whichever is later; any grant, subsidy or other form of the funds to the organization is terminated; and the organization must return to the state agency or local unit of government all funds paid under the grant, subsidy or other funding.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB632, s. 1 Section 1. 20.9276 of the statutes is created to read:

AB632,2,3 20.9276 Prohibitions on funding for birth control provided to a minor without parental notification. (1) In this section:

AB632,2,4 (a) "Family planning services" has the meaning given in s. 253.07 (1) (b).

AB632,2,6 (b) "Local governmental unit" means a city, village, town or county or an agency or subdivision of a city, village, town or county.

AB632,2,8 (c) "Organization" means a nonprofit corporation, as defined in s. 46.93 (1m) (c), or a public agency, as defined in s. 46.93 (1m) (e).

AB632,2,10 (d) "Program funds" means all of the following funds distributed or attributable to an organization for providing family planning services or pregnancy counseling:

AB632,2,11 1. Funds specified under sub. (2).

AB632,2,14 2. Income derived from a grant, subsidy or other funding specified under sub. (2) or from family planning services or pregnancy counseling funded by a grant, subsidy or other funding specified under sub. (2).

AB632,3,2 3. Funds that are matching funds to a grant, subsidy or other funding specified under sub. (2).

AB632,3,3 (e) "State agency" has the meaning given in s. 20.9275 (1) (g).

AB632,3,10 (2) No state agency or local governmental unit may authorize payment of funds of this state, of any local governmental unit or of federal funds passing through the state treasury as a grant, subsidy or other funding that wholly or partially funds family planning services or pregnancy counseling, if the organization that receives the funding prescribes, dispenses or administers to a minor a contraceptive prescription drug or a contraceptive prescription device without first notifying one of the minor's parents or his or her legal guardian or custodian.

AB632,3,14 (3) No organization that receives funds specified under sub. (2) may use program funds to prescribe, dispense or administer to a minor a contraceptive prescription drug or a contraceptive prescription device, unless all of the following has first taken place:

AB632,3,18 (a) The organization has notified by certified mail, with restricted delivery, one of the minor's parents or his or her guardian or legal custodian of the organization's intent to prescribe, dispense or administer the contraceptive prescription drug or contraceptive prescription device to the minor.

AB632,3,21 (b) The organization has received a return receipt for delivery of the notification specified in par. (a), signed by the addressee requested or his or her agent.

AB632,3,23 (c) Five business days, as defined in s. 562.01 (3m), following the day on which the organization received the return receipt specified in par. (b) have elapsed.

AB632,3,25 (4) If an organization that receives funds specified under sub. (2) violates sub. (3), all of the following shall apply:

AB632,4,4 (a) The organization may not receive funds specified under sub. (2) for 24 months after the date on which the state agency or local governmental unit last authorized payment or the date on which the organization last violated sub. (3), whichever is later.

AB632,4,8 (b) The grant, subsidy or other funding under which an organization has used funds in violation of sub. (3) is terminated; and the organization shall return to the state agency or local governmental unit all funds that have been paid to the organization under the grant, subsidy or other funding.

AB632,4,13 (5) If a state agency or local governmental unit authorizes payment in violation of sub. (2), the grant, subsidy or other funding under which the state agency or local governmental unit authorized payment in violation of sub. (2), is terminated; and the organization shall return to the state agency or local governmental unit funds that have been paid to the organization under the grant, subsidy or other funding.

AB632,4,14 (End)